Jim Obergefell and John Arthur had been together nearly two decades when John was stricken by terminal ALS. With their union unconstitutional in Ohio, the couple turned to friends and family to fund a medical flight to Maryland, where they wed, tearfully, on the tarmac [prev.]. After John's death, however, Jim found himself embroiled in an ugly legal battle with his native state over the right to survivor status on John's death certificate -- a fight he eventually took all the way to the Supreme Court. And that's how this morning -- two years after U.S. v. Windsor, a dozen after Lawrence v. Texas, and at the crest of an unprecedented wave of social change -- the heartbreaking case of Obergefell v. Hodges has at long last rendered same-sex marriage legal nationwide in a 5-4 decision lead by Justice Anthony Kennedy. [more inside]
Unanimous SCOTUS ruling: Anti-discrimination laws (such as the ADA) do not apply to church employees with religious duties. Full ruling: PDF, HTML
Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. [more inside]
The Supreme Court heard arguments yesterday in Rumsfeld v. FAIR, a case challenging the Solomon Amendment, a US federal law that allows the government to cut federal funding to universities that refuse to allow military recruiting on campus. FAIR is a coalition of law schools challenging this law on the basis that the US military's policy of prohibiting open homosexuals from serving violates the schools' anti-discrimination policies (see section 6-3). Summing the issue up nicely, the dean of one law school said of the US military, "If it were a private employer who discriminated on the basis of sexual orientation, race or gender, we wouldn't allow them here on campus." .rm C-SPAN coverage here.
Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job. History isn't a superhighway, leading us in straight lines toward utopia. We fall back and we move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at this article from the Atlantic Monthly in 1956--1956!--if you don't believe me.